SECTION XVI-A IN THE SUPREME COURT OF INDIA LISTED ON : CRIMINAL ORIGINAL JURISDICTION COURT NO.: ITEM NO. : TRANSFER PETITION (CRIMINAL) NO. 127 OF 2016 WITH CRIMINAL MISCELLANEOUS PETITION NO. 5235 OF 2016 (Application for Stay) DARSHAN KUMAR GARG .....Petitioner VERSUS MUKUL KUMAR JAIN .....Respondent OFFICE REPORT The Transfer Petition above-mentioned was listed before the Hon'ble Court on 28-11-2016 when the Court was pleased to pass the following Order: “ The matter stands adjourned by four weeks in order to enable the respondent to file counter affidavit, as prayed for in the letter circulated. ” It is submitted that counsel for the Respondent has not filed Counter Affidavit so far. Service of show cause notice is complete. The Matter above-mentioned is listed before the Hon'ble Court with this Office Report. Dated this the 7 th day of February, 2017. ASSISTANT REGISTRAR Copy to: Mr. Abhinav Ramkrishna, Advocate Mr. Braj K. Mishra, Advocate ASSISTANT REGISTRAR ms
1IN THE SUPREME COURT OF INDIACRIMINAL ORIGINAL JURISDICTIONTRANSFER PETITION (CRIMINAL) NO.127 OF 2016DARSHAN KUMAR GARG ... PETITIONER(S)VERSUSMUKUL KUMAR JAIN ... RESPONDENT(S)O R D E R We have heard learned counsel for the parties. The dispute in the present case originated from thebouncing of a cheque issued by the respondent to thepetitioner. This led the petitioner to file a privatecomplaint under Section 138 of the Negotiable InstrumentsAct, 1881 on 20 th February, 2014. The petitioner had also filed a civil suit in theDelhi High Court being Suit No.4033 of 2014. This suitwas decreed ex parte against the respondent on 8 th April,2015. We are told that the respondent moved anapplication for setting aside the ex parte decree, butthat application was rejected by the learned Single Judge. It appears that as a counter-blast to theproceedings initiated by the petitioner under Section 138of the Negotiable Instruments Act, 1881, the respondentfiled a Criminal Complaint Case No.1038 of 2014 in theCourt of the Additional Chief Judicial Magistrate VIII,2Meerut, U.P. under Section 406/420/467/468/471 IPC. We are told by learned counsel for the petitionerthat the respondent has not been appearing in the Court inthe hearing of the complaint under Section 138 of theNegotiable Instruments Act, 1881. Looking to the facts of the case, it is quite clearto us that the criminal complaint filed by the respondentagainst the petitioner was merely a counter-blast and anabuse of the process of the Court with the intention topressurize the petitioner who has now obtained an ex partedecree in a civil suit and also is pursuing theproceedings under Section 138 of the NegotiableInstruments Act, 1881. Under these circumstances, in exercise of our powerunder Article 142 of the Constitution of India, we quashthe Criminal Complaint Case No.1038 of 2014 pending beforethe Court of the Additional Chief Judicial MagistrateVIII, Meerut, U.P. We may mention at this stage that inMurari Lal Gupta Vs. Gopi Singh [(2005) 13 SCC 699], aBench of 3-Judges of this Court had exercised similarpower of quashing a criminal complaint against thepetitioner therein.3 The transfer petition is disposed of. .............................J. (MADAN B. LOKUR).............................J. (PRAFULLA C. PANT)NEW DELHIFEBRUARY 16, 20174ITEM NO.4 COURT NO.5 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSTransfer Petition(s)(Criminal) No(s).127/2016DARSHAN KUMAR GARG Petitioner(s) VERSUS
MUKUL KUMAR JAIN Respondent(s)(WITH APPLN. (S) FOR stay and Office Report)Date : 16/02/2017 This petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE PRAFULLA C. PANTFor Petitioner(s) Mr. Abhinav Ramkrishna, AORMr. Gautam Gupta, Adv.Mr. Uzair Ellahi, Adv. For Respondent(s) Mr. Sanjiv Jha, Adv. Mr. Braj Kishore Mishra, AORMs. Aparna Jha, Adv.Mr. Amit Bhagat, Adv. UPON hearing the counsel the Court made the following O R D E RThe transfer petition is disposed of in terms of thesigned order. (SANJAY KUMAR-I) (JASWINDER KAUR) AR-CUM-PS COURT MASTER(Signed order is placed on the file)
ITEM NO.54 COURT NO.9 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition (Criminal) No. 127/2016 DARSHAN KUMAR GARG Petitioner(s) VERSUS MUKUL KUMAR JAIN Respondent(s) (With appln. (s) for stay and office report) Date : 28/11/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ABHAY MANOHAR SAPRE For Petitioner(s) Mr. Abhinav Ramkrishna, Adv. For Respondent(s) Mr. Sanjiv Jha, Adv. Mr. Braj Kishore Mishra, Adv. Ms. Aparna Jha, Adv. UPON hearing the counsel the Court made the following O R D E R The matter stands adjourned by four weeks in order to enable the respondent to file counter affidavit, as prayed for in the letter circulated. (Nidhi Ahuja) (Mala Kumari Sharma) Court Master Court Master
øITEM NO.54 COURT NO.9 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSTransfer Petition (Criminal) No. 127/2016DARSHAN KUMAR GARG Petitioner(s) VERSUSMUKUL KUMAR JAIN Respondent(s)(With appln. (s) for stay and office report)Date : 28/11/2016 This petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE ABHAY MANOHAR SAPREFor Petitioner(s)Mr. Abhinav Ramkrishna, Adv. For Respondent(s)Mr. Sanjiv Jha, Adv.Mr. Braj Kishore Mishra, Adv.Ms. Aparna Jha, Adv. UPON hearing the counsel the Court made the following O R D E RThe matter stands adjourned by four weeks in order toenable the respondent to file counter affidavit, as prayedfor in the letter circulated. (Nidhi Ahuja) (Mala Kumari Sharma) Court Master Court Master
SECTION XVI-A IN THE SUPREME COURT OF INDIA LISTED ON : CRIMINAL ORIGINAL JURISDICTION COURT NO.: ITEM NO. : TRANSFER PETITION (CRIMINAL) NO. 127 OF 2016 WITH CRIMINAL MISCELLANEOUS PETITION NO. 5265 OF 2016 (Application for Stay) DARSHAN KUMAR GARG .....Petitioner VERSUS MUKUL KUMAR JAIN .....Respondent OFFICE REPORT The Transfer Petition above-mentioned was listed before the Hon'ble Court on 04-04-2016 when the Court was pleased to pass the following Order: “ Issue notice. In the meantime, there shall be stay of further proceedings in Complaint Case No. 1038 of 2014 titled as 'Mukul Kumar Jain v. Darshan Kumar Garg' pending in the Court of Additional Chief Judicial Magistrate-VIII, Meerut, Uttar Pradesh. ” Accordingly, notice was issued to the sole Respondent through Registered A.D. Post on 16-04-2016 and Mr. Braj K. Mishra, Advocate has on 22-09-2016 filed Vakalatnama and Memo of Appearance on behalf of sole respondent but he has not filed Counter Affidavit so far. Service of show cause notice is complete. In view of the ld. Registrar Court's Order dated 14-09-2016, the Matter above-mentioned is listed before the Hon'ble Court with this Office Report. Dated this the 23 rd day of September, 2016. ASSISTANT REGISTRAR Copy to: Mr. Abhinav Ramkrishna, Advocate ASSISTANT REGISTRAR ms
ITEM NO.59 REGISTRAR COURT. 2 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M V RAMESH Transfer Petition(s)(Criminal) No(s). 127/2016 DARSHAN KUMAR GARG Petitioner(s) VERSUS MUKUL KUMAR JAIN Respondent(s) (with appln. (s) for stay and office report) Date : 14/09/2016 This petition was called on for hearing today. For Petitioner(s) Mr. Abhinav Ramkrishna,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The office report indicates that service of notice is complete on the sole respondent, but no one has entered appearance on his behalf. Viewed thus, the matter shall be processed for listing before the Hon'ble Court as per rules. (M V RAMESH) Registrar SB
SECTION XVIA LISTED ON : 14.09.2016 COURT NO.: R2 ITEM NO. : 59 IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION TRANSFER PETITION (Crl.) NO. 127 of 2016 DARSHAN KUMAR GARG ..PETITIONER VERSUS MUKUL KUMAR JAIN ..RESPONDENTS OFFICE REPORT The matter abovementioned was listed before the Ld. Registrar Court on 02.08.2016 when the Court was pleased to pass the following order: “Fresh steps for the service of notice by usual mode to the sole respondent shall be taken by the learned counsel for the petitioner within a period of four weeks. Dasti in addition is permitted to be served through the Trial Court the particulars of which shall be furnished by the learned counsel for the petitioner within the period prescribed above. List again on 14.09.2016. ” It is submitted that counsel for the petitioner has on 26.08.2016 filed spare copy and accordingly fresh due course to the sole respondent on their both address i.e. office and residing issued only on 7.9.2016 and as per tracking report notice is in the way to deliver. Copy of tracking report enclosed. Service of notice is incomplete in respect of sole respondent, so far. The matter is listed before the Ld. Registrar Court with this Report. Dated this the 8th day of September, 2016. ASSISTANT REGISTRAR Copy to:Mr. Abhinav Ramkrishna, Advocate, ASSISTANT REGISTRAR ar/or/1415
RITEM NO.59 REGISTRAR COURT. 2 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M V RAMESHTransfer Petition(s)(Criminal) No(s). 127/2016DARSHAN KUMAR GARG Petitioner(s) VERSUSMUKUL KUMAR JAIN Respondent(s)(with appln. (s) for stay and office report)Date : 14/09/2016 This petition was called on for hearing today.For Petitioner(s) Mr. Abhinav Ramkrishna,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E RThe office report indicates that service of notice is completeon the sole respondent, but no one has entered appearance on hisbehalf. Viewed thus, the matter shall be processed for listingbefore the Hon'ble Court as per rules. (M V RAMESH) RegistrarSB
ITEM NO.40 REGISTRAR COURT. 2 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M V RAMESH Transfer Petition(s)(Criminal) No(s). 127/2016 DARSHAN KUMAR GARG Petitioner(s) VERSUS MUKUL KUMAR JAIN Respondent(s) (with appln. (s) for stay and office report) Date : 02/08/2016 This petition was called on for hearing today. For Petitioner(s) Mr. Abhinav Ramkrishna,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Fresh steps for the service of notice by usual mode to the sole respondent shall be taken by the learned counsel for the petitioner within a period of four weeks. Dasti in addition is permitted to be served through the Trial Court the particulars of which shall be furnished by the learned counsel for the petitioner within the period prescribed above. List again on 14.9. 2016. (M V RAMESH) Registrar MG
SECTION XVIA LISTED ON : 03.08.2016 COURT NO.: R2 ITEM NO. : 46 IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION TRANSFER PETITION (Crl.) NO. 368 of 2014 WITH CRIMINAL MISCELLANEOUS PETITION NO. 20560/2014 (Application for stay) MEENAKSHI ..PETITIONER VERSUS JAGDISH ..RESPONDENT OFFICE REPORT The matter abovementioned was listed before the Ld. Registrar Court on 11.05.2016 when the Court was pleased to pass the following order: “Four weeks time is given to the learned counsel for the petitioner for filing the affidavit in proof of dasti service of notice already issued to the sole respondent. List again on 3.8.2016. ” It is submitted that despite above order, counsel for the petitioner has not filed affidavit of dasti service with proof, so far. It is further submitted that service report from Trial Court has not been received in respect of unserved sole respondent, so far. Service of notice is incomplete. The matter is listed before the Ld. Registrar's Court with this Report. Dated this the 29 th day of July, 2016. ASSISTANT REGISTRAR Copy to:Mr. Sudhir Naagar, Advocate, ASSISTANT REGISTRAR ar/or/1415
SECTION XVIA LISTED ON : 02.08.2016 COURT NO.: R2 ITEM NO. : 40 IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION TRANSFER PETITION (Crl.) NO. 127 of 2016 WITH CRIMINAL MISCELLANEOUS PETITION NO.5435/2016 (Application for stay) DARSHAN KUMAR GARG ..PETITIONER VERSUS MUKUL KUMAR JAIN ..RESPONDENT OFFICE REPORT The matter abovementioned was listed before the Hon'ble Court on 09.05.2016 when the Court was pleased to pass the following order: “Await the return of the service of notice already issued to the sole respondent. List the matter again on 02.08.2016. ” It is submitted that neither A.D. cards nor unserved envelope containing the notice have been received back from sole respondent so far and a period of 30 days from the date of issue of notice has elapsed. Service of notice is incomplete. The matter is listed before the Ld. Registrar Court with this Report. Dated this the 29th day of July, 2016. ASSISTANT REGISTRAR Copy to:Mr. Abhinav Ramkrishna, Advocate, ASSISTANT REGISTRAR ar/or/1415
ô ITEM NO.40 REGISTRAR COURT. 2 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M V RAMESH Transfer Petition(s)(Criminal) No(s). 127/2016 DARSHAN KUMAR GARG Petitioner(s) VERSUS MUKUL KUMAR JAIN Respondent(s) (with appln. (s) for stay and office report) Date : 02/08/2016 This petition was called on for hearing today. For Petitioner(s) Mr. Abhinav Ramkrishna,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Fresh steps for the service of notice by usual mode to the sole respondent shall be taken by the learned counsel for the petitioner within a period of four weeks. Dasti in addition is permitted to be served through the Trial Court the particulars of which shall be furnished by the learned counsel for the petitioner within the period prescribed above. List again on 14.9.2016. (M V RAMESH) RegistrarSignature Not Verified MGDigitally signed byPOOJA SHARMADate: 2016.08.0216:14:16 ISTReason:
ITEM NO.76 REGISTRAR COURT. 2 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR MR. M V RAMESH Transfer Petition(s)(Criminal) No(s). 127/2016 DARSHAN KUMAR GARG Petitioner(s) VERSUS MUKUL KUMAR JAIN Respondent(s) (with appln. (s) for stay and office report) Date : 09/05/2016 This petition was called on for hearing today. For Petitioner(s) Mr. Abhinav Ramkrishna,Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Await the return of the service of notice already issued to the sole respondent. List the matter again on 02.08.2016. (M V RAMESH) Registrar SB
ITEM NO.7 COURT NO.12 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition (Criminal) No. 127/2016 DARSHAN KUMAR GARG Petitioner(s) VERSUS MUKUL KUMAR JAIN Respondent(s) (With appln. (s) for exemption from filing O.T. and stay) Date : 04/04/2016 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE R.K. AGRAWAL For Petitioner(s) Mr. Abhinav Ramkrishna, Adv. Mr. Gautam Gupta, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. In the meantime, there shall be stay of further proceedings in Complaint Case No. 1038 of 2014 titled as ' Mukul Kumar Jain v. Darshan Kumar Garg' pending in the Court of Additional Chief Judicial Magistrate-VIII, Meerut, Uttar Pradesh. (Nidhi Ahuja) (Tapan Kr. Chakraborty) Court Master Court Master
¤ITEM NO.7 COURT NO.12 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSTransfer Petition (Criminal) No. 127/2016DARSHAN KUMAR GARG Petitioner(s) VERSUSMUKUL KUMAR JAIN Respondent(s)(With appln. (s) for exemption from filing O.T. and stay)Date : 04/04/2016 This petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE A.K. SIKRI HON'BLE MR. JUSTICE R.K. AGRAWALFor Petitioner(s)Mr. Abhinav Ramkrishna, Adv.Mr. Gautam Gupta, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E RIssue notice.In the meantime, there shall be stay of furtherproceedings in Complaint Case No. 1038 of 2014 titled as' Mukul Kumar Jain v. Darshan Kumar Garg' pending in the Courtof Additional Chief Judicial Magistrate-VIII, Meerut, UttarPradesh. (Nidhi Ahuja) (Tapan Kr. Chakraborty) Court Master Court Master